What is Clinical or Medical Negligence Claims?
We have an outstanding team of medical negligence solicitors who are trained exceedingly in all areas of medical negligence law. The team that operates within the area of medical and clinical negligence have a renowned reputation not just among the clients we have been more than happy to serve but among our piers within the area of medical negligence. We deal with clients all over the UK as we offer our clients a tailor made service as we can provide medical experts and rehabilitation programs in areas desired by our clients so no need for any travelling or any inconvenience at all.
We can offer any potential clients free legal advice from one of our many specialised medical negligence solicitors who can answer any of your queries you may have regarding a medical negligence claims case. We fully appreciate that victims of medical negligence are usually confused about whether to make a claim or not and for this reason we offer a free consultation so that potential clients can speak to a medical negligence solicitor and not only find out if they have a valid claim but also so that any questions the victim may have can be answered by a professional.
Our call services are open 24hrs a day as we appreciate that people are not always able to call during normal working hours. By calling our free phone number on 0800 652 3087 you can speak to a highly trained medical negligence solicitor who will be able to assist you with your medical negligence compensation case and advise you of your options with no obligation to take your claim out with us. Alternatively you can fill in an online contact form just leaving key contact details and a small summary of the negligence incurred and a solicitor who specialises in the area of medical negligence which has occurred will call you back at a more convenient time for you.
The majority on medical negligence claim cases we take on are through our No Win No Fee agreement. When a client takes out a No Win No Fee agreement with us we can guarantee that they will not be at any financial risk regarding the outcome of their claim case.
For victims of medical negligence we offer free legal advice and a free consultation with one of our profoundly expert medical negligence team so that potential clients can have any questions answered with no obligation to appoint us to represent their case. With our No Win No Fee agreement potential clients can rest assure that they will not at any time be at a financial risk and can concentrate on their recuperation.
What is Medical and Clinical Negligence?
Medical negligence is more recently being referred to as clinical negligence as it cannot only take place within the medical environment but it can occur anywhere within the health industry. Clinical negligence can take place wherever a health care provider is providing a health or cosmetic service. Medical and clinical negligence is an act or omission from a health care worker that a service and/or treatment that they have provided to a patient or client hasn’t been of the standard it should have been and as a direct consequence of the negligence the patient/client has suffered either mentally and/or physically as a consequences.
For the law to see any medical negligence case as valid it must fit in to the following two criteria’s;
Breach of Duty
Within the law for a treatment to be seen as medical negligence it must be proven that the health care worker breached their duty of care and provided a service that was below the standard that it should have been. It must be proven that another health care provider of the same capabilities in a similar situation would not have been negligent.
For any victim of medical negligence to be able to bring a claim case forward the negligence that had been committed must have in some way whether mentally or physically harmed them as a direct result. It is not seen as enough for just an act of negligence to have happened the victim must have sustained further health problems or injury as a repercussion.
What are the Types of Medical Negligence Claims Cases?
- Hospital Negligence
- GP Negligence
- Medical Misdiagnosis
- Delayed Diagnosis
- Wrong Diagnosis
- Delays in Medical Referral
- Pregnancy and Birth Negligence
- Dental Negligence
- Cancer Errors
- Orthopaedic Claims
- Surgery Errors
- Cosmetic Negligence
- Beauty and Hairdressing Claims
How are Medical Negligence Compensation Claims Funded?
We take on a large amount of medical negligence cases each year and 99% of them are through our No Win No Fee agreement. Such an agreement allows our client to rest assure that regardless of the outcome of their medical negligence compensation claim they will be at no financial risk. Due to the fact that there has been a recent increase in the number of people making compensation claims there was a call for the law to be changed as insurance companies were paying out extraordinary legal fees to law firms. In April 2013 the law slightly changed concerning how the successful side of any compensation claim case would recuperate their success fee and by law now if the victim of medical negligence wins the case then they must pay up to but no more than 25% of the compensation awarded by the court to their legal team to cover the success fee.
What is the Medical Negligence Time Limit?
Time limits for medical negligence are quite strict to say the least they are actually laid out in legislation and can be only be altered at that courts discretion. For the majority of medical negligence cases the time limit is 3 years from when the negligence took place however there are exceptions and these include;
- Minors – a person under the age of 18 is considered a minor. For minors that have been a victim of medical negligence they have 3 years after they turn 18 the age of adulthood to pursue a claim for medical negligence.
- Those suffering from a mental illness – if a victim of medical negligence is suffering from a mental illness then they have 3 years after they make a full recovery to bring a claim for medical negligence if they do not recover from the mental illness then they do not have a time limit at all.
- Date of knowledge – it is not always apparent from the outset when a when a negligent incident has occurred it may not be until sometime later that the victim of the medical negligence is aware that the incident took place and for this reason the time limit does not begin until the victim is aware of the negligence.